SAN DIEGO - A lawsuit filed in state appeals court Monday aims to force the county's elections chief to stockpile 1.3 million paper ballots for next week's election, in case all 1.3 million registered voters go to the polls and elect to cast ballots on paper rather than computer.

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The suit, filed on behalf of San Diego County resident Kathy Peterson, who intends to vote by paper, asserts that county Registrar of Voters Mikel Haas has a plan to make 300,000 paper ballots available. The complaint maintains that the number very likely will not be enough, given public concerns about voting on electronic touch-screen machines, and that the result could be disastrous on Election Day.

"If the precinct runs out of paper ballots, voters will either be forced to use electronic voting machines against their wishes or wait until additional paper ballots are provided," the complaint states.

The suit also asks for a swift decision that orders the county to count paper ballots on Election Day, not beginning two days later during the so-called canvas period, and to bar its employees from temporarily storing electronic machines at their homes the night before the election.

Filed by Carlsbad attorney Kenneth L. Simpkins in the Fourth District Court of Appeal, the suit names Haas as the respondent.

Haas denied that he has a plan to make 300,000 paper ballots available.

"We haven't made the decision yet," Haas said. "But you know what? There will be an adequate supply."

Haas said the county has every intention of complying with a directive to make an adequate number of paper ballots available to voters who request them, something that came in an Oct. 3 memorandum from Secretary of State Bruce McPherson to elections officials in counties such as San Diego that use electronic machines.

The turnout in the last gubernatorial election was 49 percent, and four years before that 58 percent voted, he said.

As for the request to count paper ballots on Nov. 7, Haas said that is impractical.

"We can't count these ballots on election night," he said. "They will be counted during the canvas period, which allows us 28 days. We can't count two things at the same time. We'll have our hands full just uploading the results from the precincts where people will be voting on touch screens."

Nevertheless, Haas said, all of the paper votes will be counted.

But by waiting to count the paper ballots, Simpkins said, the registrar could create an early inaccurate perception of which way the election is going.

"Mr. Haas risks skewing the early visibility of San Diego election results, which could impact public perceptions and lead to premature concessions by candidates," Simpkins said, in a statement.

Haas said there is no reason for candidates to concede prematurely.

"It isn't over until I certify the election, and that's usually around 28 days after an Election Day," he said. "What any candidate does within those days is their business."

Electronic voting has been highly controversial. Riverside and Alameda counties, and states such as Georgia, have successfully used electronic voting for years. But critics in California and around the nation say the machines, like computers that can be hacked into, are subject to possible tampering.

- Contact staff writer Dave Downey at (760) 740-5442 or ddowney@nctimes.com.